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(영문) 인천지방법원 부천지원 2016.08.31 2016고정778

근로기준법위반

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is an individual constructor who resides in No. 307 of the Bupyeong-gu Incheon Metropolitan Government Office Office Office Office Officetel 307 and has used daily workers to build steel-frame assembly among the E-factory construction project in Kimpo-si.

When a worker dies or retires, the employer shall pay the wages, compensations, and other money or valuables within 14 days after the cause for such payment occurred.

Provided, That the payment date may be extended by an agreement between the parties in extenuating circumstances.

Nevertheless, the suspect did not pay 3,580,000 won to 16 daily workers as specified in the list of crimes in the attached Form, such as wages of 200,000 won on October 9, 2015 to 14 days from the date of retirement without agreement on the extension of the payment deadline between the parties concerned.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to entries in each daily work confirmation sheet;

1. Article 109 (1) and Article 36 of the Act on the Standards for Relevant Acts concerning facts constituting an offense, and Articles 109 (1) and 36 of the Labor Standards Act, and selection of fines;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;